Ordered that the order is reversed, on the law, with costs, and the motion is denied.
Both plaintiffs testified at their depositions that their vehicle had been stopped at a red light when a truck driven by the defendant Kim May Chu hit it in the rear. The court granted the plaintiffs' motion for partial summary judgment notwithstanding the fact that Kim testified at his deposition that the accident had been caused when the plaintiffs' vehicle cut in front of him...
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